An Ontario man has beaten a drinking and driving charge with a defence of acid reflux.
Phillip Coffey was stopped on Aug. 20, 2010 in Mono, Ont., as part of a RIDE program and charged with the offence of over 80 - having more alcohol in his system than the legal limit.
Two breath tests recorded his blood alcohol level as being about twice the limit.
Coffey said he had three glasses of wine over about three hours at a wedding.
Coffey suffers from gastroesophogal reflux disease and he argued that the large meal he ate at the wedding exacerbated his acid reflux. He normally takes the drug Nexium to control his symptoms but did not on that day.
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